INTRODUCTION
⇒ Ministry of Women and Child Development’s is planning to give Juvenile Justice Board (JJB) the power to use Indian Penal Code (IPC) measures on the children involved in heinous crimes.
⇒ Till now, JJB had no right to use penalizing powers. But government in the wake of Delhi’s Gang Rape is going to empower for JJB with IPC.
⇒ National Commission for Protection of Child Rights (NCPCR) is criticizing this move saying that it was not taken into confidence while formulating such plans.
⇒ Till now, JJB had no right to use penalizing powers. But government in the wake of Delhi’s Gang Rape is going to empower for JJB with IPC.
⇒ National Commission for Protection of Child Rights (NCPCR) is criticizing this move saying that it was not taken into confidence while formulating such plans.
SOME POINTS ABOUT JUVENILE JUSTICE ACT
⇒ The involvement of a ‘minor’ in the horrific Delhi gang rape has triggered a debate on the Juvenile Justice Act.
⇒ The involvement of a ‘minor’ in the horrific Delhi gang rape has triggered a debate on the Juvenile Justice Act.
What is the Act?
⇒ The Juvenile Justice (Care and protection of Children) Act, 2000 amended in 2006 and 2011, contains statutory provisions to handle cases relating to minor offenders, called as ‘delinquents’, ‘Juveniles in conflict with low’ or as ‘children in need of care and protection.’
⇒ The Juvenile Justice (Care and protection of Children) Act, 2000 amended in 2006 and 2011, contains statutory provisions to handle cases relating to minor offenders, called as ‘delinquents’, ‘Juveniles in conflict with low’ or as ‘children in need of care and protection.’
What is the definition of Juvenile as per Law?
⇒ Section 2(K) of the Act defines a ‘juvenile’ or a ‘child’ as a person who has not completed 18 years of age while Section 2(I) says a “juvenile in conflict with law” means a juvenile who is alleged to have committed an offence.
⇒ Section 2(K) of the Act defines a ‘juvenile’ or a ‘child’ as a person who has not completed 18 years of age while Section 2(I) says a “juvenile in conflict with law” means a juvenile who is alleged to have committed an offence.
What are the Provision for bail?
⇒ Whenever a juvenile is arrested for an alleged offence, he requires to be immediately produced before the Juvenile justice Board. The law says that the board, irrespective othe offence, should release him on bail with or without any surety. However, the Juvenile must be sent to a observation home or a ‘place of safety’ by a speaking order of the Board, explaining the reasons for not releasing him on bail. During the ‘inquiry’ and not a ‘trial’, such delinquents are to be housed in the observation home and the ‘inquiry’ has to be completed within four months.
⇒ Whenever a juvenile is arrested for an alleged offence, he requires to be immediately produced before the Juvenile justice Board. The law says that the board, irrespective othe offence, should release him on bail with or without any surety. However, the Juvenile must be sent to a observation home or a ‘place of safety’ by a speaking order of the Board, explaining the reasons for not releasing him on bail. During the ‘inquiry’ and not a ‘trial’, such delinquents are to be housed in the observation home and the ‘inquiry’ has to be completed within four months.
WHAT IS JUVENILE JUSTICE BOARD (JJB)
⇒ Any juvenile i.e. a person below 18 years of age, if commits any crime is not be tries by any regular court.
⇒ He has to be tries by Juvenile Justice Board under the Juvenile Justice (Care and Protection of Children) Act 2000 (amended in 2006).
⇒ The main purpose behind JJB is not to give punishment but is for socio-legal rehabilitation and reformation
⇒ The concerned child is tried not for giving punishment but for counselling the child to understand their actions and persuade them away from criminal activities in the future.
⇒ JJB are meant to resolve cases within a four month period. Backlog of cases can be addressed with an increased number of sittings as was the case in the Mumbai JJB.
⇒ The cost of setting up JJBs is shared by central and state as a 35:65 Ratioexcept in Jammu and Kashmir and the North East where the ratio stands at 90:10.
⇒ Any juvenile i.e. a person below 18 years of age, if commits any crime is not be tries by any regular court.
⇒ He has to be tries by Juvenile Justice Board under the Juvenile Justice (Care and Protection of Children) Act 2000 (amended in 2006).
⇒ The main purpose behind JJB is not to give punishment but is for socio-legal rehabilitation and reformation
⇒ The concerned child is tried not for giving punishment but for counselling the child to understand their actions and persuade them away from criminal activities in the future.
⇒ JJB are meant to resolve cases within a four month period. Backlog of cases can be addressed with an increased number of sittings as was the case in the Mumbai JJB.
⇒ The cost of setting up JJBs is shared by central and state as a 35:65 Ratioexcept in Jammu and Kashmir and the North East where the ratio stands at 90:10.
COMPOSITION OF JJB
⇒ Consists of a metropolitan magistrate or a judicial magistrate of the first class and two social workers, at least one of whom should be a woman.
⇒ All three people form a bench that are to function as a unit.
⇒ Though they have different roles they are required to coordinate for the best interest of the child.
⇒ Consists of a metropolitan magistrate or a judicial magistrate of the first class and two social workers, at least one of whom should be a woman.
⇒ All three people form a bench that are to function as a unit.
⇒ Though they have different roles they are required to coordinate for the best interest of the child.
PROCESS INVOLVED IN JJB
⇒ Child is usually brought before the JJB by a police officer or person from the Special Juvenile Police Unit (SJPU)
⇒ The person or police officer who brings the child before the JJB is required to complete a report of the arrest/detainment. Once the child has been brought before the JJB he/she is registered into the closest Observation Home. Most circumstances the juvenile can be released on bail by the JJB.
⇒ If the police wish to interrogate the child or conduct a test identification parade the JJB has to give an order allowing so and it can only be conducted in the presence of the superintendent of the home. The home probation officer (P.O.) in charge will also submit a report on the child.
⇒ Child is usually brought before the JJB by a police officer or person from the Special Juvenile Police Unit (SJPU)
⇒ The person or police officer who brings the child before the JJB is required to complete a report of the arrest/detainment. Once the child has been brought before the JJB he/she is registered into the closest Observation Home. Most circumstances the juvenile can be released on bail by the JJB.
⇒ If the police wish to interrogate the child or conduct a test identification parade the JJB has to give an order allowing so and it can only be conducted in the presence of the superintendent of the home. The home probation officer (P.O.) in charge will also submit a report on the child.
PRESENT CONDITION OF JJB
JJB for now can give maximum punishment of three years.
JJB for now can give maximum punishment of three years.
Provisions of the said new plan
⇒ Any child above 16 years of age be tried under IPC.
⇒ JJB can’t give death of life sentences.
⇒ The age of juvenile will not be reduced to 16 as India is signatory to the United Nations Convention on Child Rights (UNCRC), which defines a child as anyone aged less than 18 years.
⇒ JJB will have the power to decide which crime is a heinous crime.
⇒ Any child above 16 years of age be tried under IPC.
⇒ JJB can’t give death of life sentences.
⇒ The age of juvenile will not be reduced to 16 as India is signatory to the United Nations Convention on Child Rights (UNCRC), which defines a child as anyone aged less than 18 years.
⇒ JJB will have the power to decide which crime is a heinous crime.
VIEWS OF National Commission for Protection of Child Rights (NCPCR)
⇒ We were not taken into confidence while formulating this new plan.
⇒ The age of juvenile can’t be reduced to 16 due to the international pact.
⇒ Moreover, In July, the Supreme Court rejected petitions for lowering the age of juvenility from the existing 18 years
⇒ There will be no compromise on the age of a child.
⇒ The Commission had clarified the grounds on which it opposed the lowering of the age for juveniles in its submission to the Justice Verma Committee. The Verma Committee was constituted to recommend amendments to the criminal law so as to provide for quicker trial and enhanced punishment for those accused of sexual assault against women.
⇒ We were not taken into confidence while formulating this new plan.
⇒ The age of juvenile can’t be reduced to 16 due to the international pact.
⇒ Moreover, In July, the Supreme Court rejected petitions for lowering the age of juvenility from the existing 18 years
⇒ There will be no compromise on the age of a child.
⇒ The Commission had clarified the grounds on which it opposed the lowering of the age for juveniles in its submission to the Justice Verma Committee. The Verma Committee was constituted to recommend amendments to the criminal law so as to provide for quicker trial and enhanced punishment for those accused of sexual assault against women.
ABOUT NCPCR
The National Commission for Protection of Child Rights (NCPCR) is an Indian governmental commission, established by an Act of Parliament, the Commission for Protection of Child Rights Act in December 2005. The Commission began operation a year later in March 2007. The Commission considers that its Mandate is "to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child." As defined by the commission, child includes those up to the age of 18 years.
The National Commission for Protection of Child Rights (NCPCR) is an Indian governmental commission, established by an Act of Parliament, the Commission for Protection of Child Rights Act in December 2005. The Commission began operation a year later in March 2007. The Commission considers that its Mandate is "to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child." As defined by the commission, child includes those up to the age of 18 years.
POWERS OF NCPCR
The Commission, while enquiring into any matter, has all powers of the Civil Court trying a suit under the Code of Civil Procedures, 1908 and in particular, with respect to the following matters:
1. Summoning and enforcing the attendance of any person from any part of India and examining them on oath
2. Requiring the discovery and production of any documents
3. Receiving evidence on Affidavits
4. Requisitioning of any Public Record or copy thereof from any Court of Office
5. Issuing commissions for the examination of witnesses or documents
6. Forwarding cases to Magistrates who have jurisdiction to try the same
7. On completion of inquiry, the Commission has the powers to take the following actions:
a. To recommend to concerned Government for initiation of proceedings for prosecution or other suitable action on finding any violation of Child Rights and provisions of law during the course of an inquiry
b. To approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary
c. To recommend to concerned Government or authority for grant of such interim relief to the victim or the members of his family as considered necessary
The Commission, while enquiring into any matter, has all powers of the Civil Court trying a suit under the Code of Civil Procedures, 1908 and in particular, with respect to the following matters:
1. Summoning and enforcing the attendance of any person from any part of India and examining them on oath
2. Requiring the discovery and production of any documents
3. Receiving evidence on Affidavits
4. Requisitioning of any Public Record or copy thereof from any Court of Office
5. Issuing commissions for the examination of witnesses or documents
6. Forwarding cases to Magistrates who have jurisdiction to try the same
7. On completion of inquiry, the Commission has the powers to take the following actions:
a. To recommend to concerned Government for initiation of proceedings for prosecution or other suitable action on finding any violation of Child Rights and provisions of law during the course of an inquiry
b. To approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary
c. To recommend to concerned Government or authority for grant of such interim relief to the victim or the members of his family as considered necessary
CONCLUSION
The Indian laws relating to children have evolved over several years and are the product of an extensive research and understanding of the issue, and therefore it is essential that any review of the child rights jurisprudence should take place only after an exhaustive deliberation on the pros and cons of the subject.
The Indian laws relating to children have evolved over several years and are the product of an extensive research and understanding of the issue, and therefore it is essential that any review of the child rights jurisprudence should take place only after an exhaustive deliberation on the pros and cons of the subject.
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